Sydney Pass Customer Service Agreement

Last updated on 17 May 2017

  1. Your agreement with us

    This service is provided by Tollaust Pty Ltd ABN 37 050 538 693 under the brand, Transurban Linkt. Transurban Linkt is a trade mark of Transurban Limited.

    This agreement details your rights and obligations for use of the Sydney Pass on Eligible Toll Roads.

    This agreement begins when you accept this agreement orally or by conduct (e.g. by opening a Sydney Pass, or by signifying your acceptance on our website).

  2. Linking your Vehicle to your Sydney Pass and the Transurban Linkt Register

    You must provide us with details of each vehicle that you wish to have linked to your Sydney Pass before using that vehicle on any Eligible Toll Road or no later than 3 days after using that vehicle on any Eligible Toll Road. Each vehicle that is linked to your Sydney Pass will be placed on the Transurban Linkt Register.

    We will register your vehicle on the Transurban Linkt Register when you provide us with all the information we need as well as any payment required under this agreement. The vehicle information needed includes the State and Number Plate Details of each vehicle and Class of each vehicle. Transurban Linkt Registration only occurs when your vehicle is recorded as registered on the Transurban Linkt Register by us.

    If the Transurban Linkt Registration of your Nominated Vehicle is suspended or cancelled (e.g. for non-payment) that Nominated Vehicle will no longer be registered on the Transurban Linkt Register.

    You must link at least one vehicle to your Sydney Pass.

  3. The road tolling system

    Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying your Nominated Vehicle's Number Plate Details. When Trips are made on Eligible Toll Roads using your Nominated Vehicle, the Eligible Toll Road operator (or the operator's preferred tag service provider) may send Trip data and the relevant tolls to us so we can charge those tolls (and any applicable Fees) to your Sydney Pass.

    Any questions regarding any tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to that Eligible Toll Road operator.

    Your Nominated Vehicles must have number plates that conform to regulations

    Your Nominated Vehicles must have clearly readable number plates. Number plates and their placement must conform to the relevant regulations of the relevant registration authority. Vehicles other than Motorcycles must display both front and rear number plates. Motorcycles are required to display rear number plates. If you use an Eligible Toll Road with a vehicle that does not comply with this section:

    1. we may suspend the Transurban Linkt Registration of your Nominated Vehicle; and
    2. you may be issued with a Toll Notice or a penalty notice and be liable for a fine. You agree to pay any tolls and Toll Administration Fee that the Toll Notice requires you to pay in accordance with the requirements of that Toll Notice.
  4. When you should contact us

    You should contact us as soon as possible when:

    1. your Nominated Vehicle or number plate on your Nominated Vehicle is lost or stolen; or
    2. you become aware of anything that may or will affect any payment under this agreement.
  5. If you do not make contact when required

    Your Nominated Vehicle may be suspended from the Transurban Linkt Register if you do not contact us by telephone as soon as you become aware of anything that may or will affect a payment under this agreement and rectify the problem.

  6. If your Nominated Vehicle or number plate is stolen

    We will not charge tolls or the Vehicle Matching Fee to your Sydney Pass if, after you have notified both the police and us that:

    1. your Nominated Vehicle has been stolen, that Nominated Vehicle is detected at an Electronic Toll Point; or
    2. the number plate of your Nominated Vehicle has been stolen, that number plate on a vehicle (if that vehicle is not your vehicle) is detected at an Electronic Toll Point.

    We will resume charging tolls to your Sydney Pass when you notify us, or we become aware, that you have recovered the stolen Nominated Vehicle or stolen number plate.

    You must provide a copy of any relevant police report (including the police event number), a statutory declaration or an insurance claim if we request it.

  7. Charging tolls and Vehicle Matching Fees to your Sydney Pass

    You will be charged a toll to your Sydney Pass for each Trip made by your Nominated Vehicle, or when the Number Plate Details of your Nominated Vehicle is detected at an Electronic Toll Point, subject to clause 15.

    You will be charged the Vehicle Matching Fee to your Sydney Pass for each Trip made by your Nominated Vehicle on an Eligible Toll Road.

    We will not charge a Vehicle Matching Fee for Trips made by Class 1 vehicles (Motorcycles) on Eligible Toll Roads.

    If you have given us incorrect information about the Class of your Nominated Vehicle(s) or other vehicle(s) you drive on any Eligible Toll Road we may charge you the applicable Tolls based on the vehicle's correct Class.

  8. Payment of your Sydney Pass

    Tolls, Fees and charges are charged by us to your Sydney Pass. When your Account Balance is at or below the Top Up Trigger your Sydney Pass may be automatically topped up by us drawing the Minimum Top-up Amount by Automatic Payment from your credit card.

    You must pay your Closing Payment on the Closing Payment Date.

  9. When is a payment made?

    Payments are made to your Sydney Pass when we receive them.

    We will receive your payments when credited successfully to our Bank account.

    If your Automatic Payment has failed, we may at our sole discretion:

    • Retry your Automatic Payment up to the Closing Payment Date; or
    • Receive your payments:
    1. if by credit card, when the person making the payment by telephone or via the Transurban Linkt website is given a receipt number for that payment; or
    2. if by cheque, when the proceeds of the cheque have been cleared.

    Failure to make a payment to us due under this agreement may result in you being issued with a Toll Notice or further enforcement action being taken to recover your Account Balance at the Closing Payment Date. You agree to pay any tolls and Toll Administration Fees that the Toll Notice requires you to pay in accordance with the requirements of that Toll Notice.

  10. Charges for Travel on Eligible Toll Roads

    When Trips are made on Eligible Toll Roads using your Nominated Vehicle we will charge your Sydney Pass the relevant tolls (and any applicable fees) as charged by the relevant Eligible Toll Road operators.

  11. When you agree to additional payments

    We may debit any Fee, tax, charge or amount to your Sydney Pass if you have agreed to pay or you owe that Fee, tax, charge or amount to us under this agreement

  12. Complaints, questions and disputes

    If you have a dispute or wish to make a complaint about the Transurban Linkt Registration of your vehicle(s) or a payment or an amount debited, credited or not credited to your Sydney Pass you should contact us. A customer service officer will provide a response with reasons as soon as possible.

    If you believe that your dispute or complaint has not been properly addressed, you have the right to have the issue reviewed by our Customer Resolutions Group.

    If you are not satisfied with the response, you may take your complaint to the Tolling Customer Ombudsman.

    Unless you tell us that you disagree with your Account Balance within 60 days of your Closing Payment Date you will not be entitled to dispute your Account Balance.

    Where you dispute your Account Balance, until that dispute is resolved you must continue to comply with this agreement as if the Account Balance recorded on the Closing Payment Date was correct.

    Where you dispute your Account Balance, we may (at our discretion):

    • credit your account for all or part of the disputed amount; or
    • make other arrangements reasonably necessary to allow for the continued operation of your account, until the dispute is resolved.
  13. Changing the agreement

    We may change this agreement (including any amount, Fee or deposit) and may assign or novate this agreement to another party by publishing the changes on our website, and how you may obtain a copy of them (except when the changes either reduce Fees or are as a result of changes in taxes, in which case this is not required).

    Changes to this agreement will apply from the date stated on our website.

  14. Expiry

    Your Sydney Pass expires on the Expiry Date that you nominated when setting up your Sydney Pass, such Expiry Date being no later than 30 days after the day you set up your Sydney Pass.

    Trips made using your Nominated Vehicle after the Expiry Date will not be charged to your Sydney Pass and the driver of that Nominated Vehicle may commit an offence, and the owner of that Nominated Vehicle may be issued with a Toll Notice or a penalty notice and be liable for a fine.

  15. Suspension or Cancellation of the Transurban Linkt Registration

    If Trips are made by vehicles that are suspended or cancelled from the Transurban Linkt Register and without any other tolling arrangement, you will not have a valid arrangement in place. You may commit an offence which may result in you being issued with a Toll Notice or a penalty notice and you may be liable for a fine.

    The Transurban Linkt Registration of your Nominated Vehicle is suspended or cancelled when we record it as suspended or cancelled on the Transurban Linkt Register or remove it from the Transurban Linkt Register.

    We will cancel the Transurban Linkt Registration of your Nominated Vehicle on the Expiry Date.

    We may suspend or cancel the Transurban Linkt Registration of any or all of your Nominated Vehicles if:

    1. we are required to do so by law;
    2. your Automatic Payment fails or you fail to make a payment under this agreement; or
    3. for any other reason (including breach of this agreement by you), we reasonably consider suspension or cancellation of the Transurban Linkt Registration of your Nominated Vehicle is necessary.

    If you wish to use a vehicle on any Eligible Toll Road after the Transurban Linkt Registration of your vehicle has been suspended or cancelled, you must first contact us and re-register on the Transurban Linkt Register by:

    1. If the Transurban Linkt Registration of your vehicle has been suspended, making any payment required under this agreement;
    2. If the Transurban Linkt Registration of your vehicle has been cancelled, setting up a new Sydney Pass, or opening a new account with Transurban Linkt.

    Re-registration of a vehicle on the Transurban Linkt Register may require payment by you of any amounts owed by you to Transurban Linkt and may take up to 48 hours following receipt by Transurban Linkt of any such payment. If Trips are made by the vehicle during this 48 hour period, the vehicle may not have been re-registered on the Transurban Linkt Register and you or the driver of the vehicle may commit an offence and may receive a Toll Notice or a penalty notice and be liable for additional Fees or a fine.

    If you do not re-register your vehicle with us or do not make arrangements to pay tolls through another tag service provider and that vehicle is detected on any Eligible Toll Road after its Transurban Linkt Registration has been suspended or cancelled, the driver of that vehicle may commit an offence and it may result in you being issued with a Toll Notice or a penalty notice and be liable for a fine.

    If the Transurban Linkt Registration of all Nominated Vehicles linked to your Sydney Pass is cancelled, then within 5 Business Days of receiving notice of that cancellation, you must pay any debit Account Balance and any other amount you owe us.

  16. When this agreement ends

    This agreement ends on the Closing Payment Date. The ending or cancellation of this agreement for any reason does not affect any rights that either you or we have against each other that arose at or before the end or cancellation of this agreement.

  17. Liability

    To the maximum extent permitted by law, we are not liable (whether in agreement, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that you or any other person incurs arising directly or indirectly from your use of any Eligible Toll Road, or anything else in connection with this agreement. This agreement does not affect any rights, liabilities and responsibilities arising at law, including statutory consumer protection.

  18. Notices

    Notices (including any written communications or statements) may be given to you:

    1. personally;
    2. by being left at or sent to your Address;
    3. by being sent by fax to the fax number last notified to us;
    4. by sending an SMS message to the mobile phone number last notified to us;
    5. by sending an email to the email address last notified to us; or
    6. by publishing details on our website.

    Notices to us may be:

    1. sent or delivered to us at our address;
    2. sent by fax to our fax number; or
    3. sent by email to our email address.

    Our contact details are available on our website.

    Notices take effect from the time they are received unless a later time is specified.

    If notices are:

    1. sent by a fax machine that prints a transmission report showing that the fax was fully sent, they are taken to be received at the time shown in a transmission report which shows that the whole fax was sent;
    2. sent by post, they are taken to be received on the expiration of three Business Days after the date of posting;
    3. sent by SMS or email, they are taken to be received on the expiration of one Business Day after the date of sending;
    4. left at your address, they are taken to be received on the day of delivery if delivered before 4 pm on a Business Day and otherwise on the next Business Day.
  19. Consent to use and disclose information

    You consent to us using or disclosing any information (including personal information) you provide to us if the information is used or disclosed for the purposes contemplated by this agreement (including the exercise of any rights or the performance of any obligations under this agreement) or as detailed in our Privacy Policy. Please visit www.linkt.com.au or contact Transurban Linkt for a copy of our Privacy Policy.

    You consent to any information (including personal information) about your Sydney Pass, and any information you provide to Transurban Linkt, being disclosed by us to credit reporting bodies or to debt collection agencies where you are in payment default. Please visit www.linkt.com.au or contact Transurban Linkt for a copy of our Credit Reporting Policy.

    We may use your personal information to research and develop new products and services, and conduct business planning.

    You consent to us disclosing any information otherwise required by law (legislation or court order).

    You consent to us disclosing to Eligible Toll Road operators (and the operator's preferred tag service provider) and Roads and Maritime Services (RMS) any information (including personal information) that is required for toll collection or enforcement.

    If you provide us with your email address or mobile phone number, you consent to us using those contact details to send you traffic updates and other notices relevant to your use of Eligible Toll Roads. You can ask not to receive such communications at any time.

  20. Online Services

    Our online services (including our websites, apps, email communications, social media profiles and other online services) may use Google services such as Google Analytics, Google Ads and Google Maps (e.g. 'Autocomplete' for address entry) from time to time. By using our online services, you are agreeing to be bound by Google's Terms of Service.

  21. General

    This agreement is the entire agreement

    This agreement is the entire agreement about your Sydney Pass and the other matters covered by this agreement. The only enforceable obligations and liabilities of you and us about the subject matter are those arising out of the provisions of this agreement or at law.

    This agreement replaces all previous representations, communications and agreements on the subject matter. To the maximum extent permitted by law, the provisions of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) are excluded. Our liability for a breach of any term or warranty under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) which by law cannot be excluded from this agreement is limited to the maximum extent the law allows.

    If any part of this agreement is illegal or unenforceable it will not apply

    Any provision of this agreement must be read down to the extent necessary to prevent that provision of this agreement from being invalid, voidable or not enforceable in the circumstances. If a provision of this agreement is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of this agreement will continue to be fully enforceable.

    Interest

    You will not earn interest on any credit Account Balance or amount you pay us under this agreement.

    Waiving breaches of this agreement

    Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because it:

    • fails to exercise it;
    • only exercises part of it; or
    • delays in exercising it.

    A waiver of one breach of a provision of this agreement does not operate as a waiver of another breach of the same provision or any other provision. A right of Transurban Linkt created under this agreement may only be waived in writing signed by us.

    Representations and warranties

    You represent and warrant to us that you have the power, authority and capacity to enter into this agreement.

    Recovery of costs

    You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.

  22. Interpretation

    In this agreement unless the contrary intention appears:

    1. a reference to this agreement includes any variation to it;
    2. the singular includes the plural and the plural includes the singular;
    3. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
    4. an obligation imposed on two or more parties binds them jointly and severally;
    5. a reference to a time or date is a reference to that time or date in Sydney;
    6. a provision of this agreement must not be interpreted against us just because we prepared this agreement;
    7. a reference to any legislation or subordinate legislation includes any modifications or changes;
    8. headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement; and
    9. a reference to a clause is a reference to a clause of this agreement.

    This agreement and the transactions contemplated by this agreement are governed by the laws of New South Wales.

  23. Definitions

    Account Balance means the total of all of the payments (and other amounts) which have been credited to your Sydney Pass less any toll, Fee, tax, charge or other amount which is debited to your Sydney Pass;

    Address means the last mailing address advised to us;

    Automatic Payment means the standing authorisation given by you to us over a credit card;

    Bank means any bank or financial institution including a credit card provider;

    Business Day means any day that is not a Saturday, Sunday or public holiday in NSW;

    Class means a class of vehicle as defined in the relevant Concession Deed or Project Deed;

    Closing Payment means the amount of your Automatic Payment and is equal to your Account Balance on the Closing Payment Date;

    Closing Payment Date means the day up to 60 days after the Expiry Date during which period we may debit funds owed under this agreement from your nominated credit card;

    Credit Reporting Policy means the credit reporting policy available from the Transurban Linkt website;

    Electronic Toll Point means any place on an Eligible Toll Road where vehicles are detected by an electronic tolling system;

    Eligible Toll Road means those Australian roads, bridges, tunnels or locations on which a toll is levied for the passage of vehicles and for which you can use your Sydney Pass to pay that toll. For further details, please refer to our website.

    Expiry Date is the date and hour you nominated when setting up your Sydney Pass on which your Sydney Pass would expire (such date being no later than 30 days after the day you set up your Sydney Pass), and means the last day and hour on which Trips made using your Nominated Vehicle on Eligible Toll Roads will be charged to your Sydney Pass.

    The Transurban Linkt Registration of your Nominated Vehicle will be cancelled at the Expiry Date, or at a date and time subsequently advised by us.

    Fee means any fee or other amount payable to us by you when certain events occur, as set out in clause 24;

    Minimum Top-up Amount has the meaning given in clause 24;

    Nominated Vehicle means each vehicle you have asked us to link to your Sydney Pass and is registered on the Transurban Linkt Register;

    Number Plate Details means the combination of numbers, letters or numbers and letters, and the State of registration on the number plate of your Nominated Vehicle, as assigned to that vehicle by the relevant vehicle registration authority (e.g. RMS);

    Privacy Policy means the privacy policy available from the Transurban Linkt website;

    Sydney Pass means your account with us

    Toll Administration Fee has the meaning given in clause 24;

    Toll Notice is a request for payment (or further request for payment), which may include tolls payable by you and a Toll Administration Fee;

    Tolling Customer Ombudsman means the ombudsman for the tolling industry. The contact details for the Tolling Customer Ombudsman are available on the Transurban Linkt website;

    Top Up Trigger has the meaning given in clause 24;

    Transurban Linkt, we, our or us means the brand under which this service is provided by Tollaust Pty Ltd ABN 37 050 538 693, including the successors, contractors, assignees, employees, agents and nominees of Tollaust Pty Ltd;

    Transurban Linkt Register means the register of vehicles that are subject to customer service agreements established and maintained by us;

    Transurban Linkt Registration means the registration by us of your vehicle on the Transurban Linkt Register by linking it to your Sydney Pass;

    Trip means the driving of a vehicle in one direction through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on a single Eligible Toll Road;

    you/your means you, the customer, who has opened the Sydney Pass with us and your properly authorised agents.

  24. Fees and other amounts relevant to your Sydney Pass

  25. The following Fees and amounts are payable as described in this table (inclusive of Goods and Services Tax (GST) where applicable).

Fee or amount When payable Amount, Fee or Deposit

Dishonour Fee

The amount that will be charged to your Sydney Pass if your payment is not successfully made, unless the unsuccessful payment is caused by us or our Bank.

$1.00

Minimum Top-up Amount

The amount charged to your nominated credit card after your Account Balance reaches the Top Up Trigger.

The amount necessary to return your Account Balance to $0.00

Start-Up Fee

The amount charged when your Sydney Pass is set up.

$3.30 for Sydney Pass set up at the call centre or any channel other than linkt.com.au

$1.50 for Sydney Pass set up at linkt.com.au

Statement Fee

A free statement will be emailed to your nominated email address at the end of the Sydney Pass period.

The amount debited to your Sydney Pass when you request a statement other than the free email statement sent at the end of the Sydney Pass period.

Free via e-mail

$2.75 for regular statements by post

$3.30 per additional statement by post.

Toll Administration Fee

An amount that may be payment payable in relation to a Toll Notice

Toll notice admin fee 1 July 2017 to 30 June 2018

Top Up Trigger

When your Account Balance falls to this amount, the Minimum Top-up Amount will be charged to your nominated credit card.

-$10.00, or any larger amount as agreed

Vehicle Matching Fee

We will debit the Vehicle Matching Fee from your Sydney Pass (as well as tolls), for each Trip that each Nominated Vehicle is detected as having been taken on any Eligible Toll Road.

$0.75 per Trip for Trips on Eligible Toll Roads.